As expected, the Friends of the East Hampton (NY) Airport (KHTO) filed suit in federal court this week challenging the legality of new airport noise and curfew restrictions that could significantly decrease airport traffic, particularly during the peak summer tourism months. The restrictions are currently unenforceable pending a town board meeting scheduled for May 7 to consider fines and penalties. If approved, those could be imposed on or before Memorial Day weekend.
The suit, filed with the U.S. District Court, Eastern District of New York, charges that the Town of East Hampton “has no authority to promulgate airport restrictions that conflict with federal aviation law and policy” and that the town’s attempt to limit airport use is unconstitutional and would do “irreparable harm” to airport users. Co-plaintiffs to the suit include Liberty Helicopters and Sound Aircraft Services. At the heart of the dispute is whether federal aviation grant assurances received by the town remain in force. Those assurances restrict the town's ability to limit airport operations. The town believes they expired on Dec. 31, 2014 due to a waiver it received from the FAA. Aviation industry groups maintain that agreement was illegal and the restrictions remain in place through 2021.